Dar al-Ifta Ahlus Sunnah
Mufti Fuzayl Raza Attari
(1) Making a will to donate one’s kidney
Q: What do the scholars of Islam say regarding the following matter: is it okay for a person to make a will to donate his kidneys? Also, what is the ruling if a person did not make such a will, but after his death, his inheritors donate his body parts, e.g. an eye or kidney?
بِسْمِ اللّٰہِ الرَّحْمٰنِ الرَّحِیْمِ
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
A: First of all, we must keep in mind that a person can only make a will regarding those things which are i) under his ownership, and ii) their ownership is transferable (i.e. another person can be granted ownership of them). Human organs are neither a commodity nor something that can be owned. Therefore, another cannot be made the owner of them. Additionally, during life and after death, a human is to be respected. This ruling also includes all of a human’s organs. Therefore, it is impermissible and haram to remove any part of a human and use it to derive any sort of benefit.
Hence, it is impermissible in the shariah for a person to make a will during his life for his kidney or any other bodily part to be donated after his death. Likewise, it is impermissible for his inheritors to enact this will. If his inheritors carried out this will or donated his organs of their own accord without the deceased having made a will, they are major sinners.
وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم
(2) Making the intention of ihram but forgetting talbiyah
Q: What do the scholars of Islam say regarding the following matter: whilst travelling from Pakistan to Makkah al-Mukkaramah, a person made the intention of ihram from mīqāt but forgot to say the talbiyah and entered mīqāt. After entering, he made the intention for ihram at Masjid ꜤĀˈisha, recited talbiyah and performed umrah. What is the ruling in this case?
بِسْمِ اللّٰہِ الرَّحْمٰنِ الرَّحِیْمِ
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
A: In the scenario mentioned above, if, besides the talbiyah, he did not recite any other dhikr of Allah Almighty which involves glorifying Allah Almighty (such as سبحٰن اللہ etc.), it is necessary (wājib) for him to give dam (penalty). This is because to enter the state of ihram, it is necessary to make the intention of ihram as well as recite the talbiyah or any other dhikr which comprises of glorifying Allah Almighty (e.g. سبحٰن اللہ والحمد للہ,). In the above case, the individual forgot to recite the talbiyah and he did not recite any dhikr glorifying Allah Almighty, and thus he did not become a muḥrim (i.e. someone in the state of ihram). Therefore, Hajj or Umrah, as well as dam, became wājib (necessary) upon him due to entering mīqāt without ihram.
In this situation, prior to performing umrah, it was necessary for him to go to an āfāqī[1] mīqāt (such as Taif or Madinah), make the intention for ihram again, enter ihram after reciting talbiyah, and then perform umrah. If he were to do this, the dam would be waived. However, he made the intention of ihram at ḥil, recited talbiyah, and then performed Umrah, and so dam became necessary upon him. However, by doing umrah that year, the umrah that became necessary upon him was fulfilled, even though he did not make an intention to carry out that specific umrah (that became wājib upon him). This is because the actual purpose is to honour that sacred land, which can be achieved through performing any type of hajj or umrah, even if the intention for ihram was made at ḥil. The violation of not entering ihram from the āfāqī mīqāt will be made up for by giving dam.
Note: In the above-mentioned scenario, if the individual did not perform any type of hajj or umrah in the same year, it will be necessary for him in the upcoming year to perform Hajj or Umrah with the intention of carrying out that specific Hajj or Umrah (which became necessary due to crossing mīqāt without ihram). This Hajj or Umrah will not be considered fulfilled by performing any other Hajj or Umrah, because once the year has ended, this Hajj or Umrah has now become necessary upon him as qaḍāˈ. In the case of making up for a qaḍāˈ, it is essential to specify the intention. Also, in this situation, to offer the qada hajj or umrah, if the individual in concern is in ḥil, it is sufficient to the make the intention from ḥil; if he is in Makkah al-Mukarramah, it is sufficient to enter the ihram of Umrah from ḥil; as for the ihram of Hajj, it will suffice to tie it from the ḥaram
وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم
(3) Starting another ṭawāf without offering two units (rakaꜤh) of salah first
Q: What do the scholars of Islam say regarding the following matter: what is the ruling regarding starting another ṭawāf before offering two units of salah [for the first one]? If someone has done this, will dam or kaffārah be necessary upon them?
بِسْمِ اللّٰہِ الرَّحْمٰنِ الرَّحِیْمِ
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
A: It is necessary (wājib) to offer the two units after performing ṭawāf. If it is not a makrūh time, it is sunnah to offer these immediately after ṭawāf. Therefore, outside of the makrūh times, to start another ṭawāf without offering the two units of the first tawaf, is makrūh and against the sunnah, as this will entail abandoning the sunnah of offering the two units straight after ṭawāf. However, this will not result in any dam or kaffārah becoming binding. In any case, if it is a makrūh time, it will be permissible—without any element of dislike—to start a new ṭawāf without offering the two units first.
وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم
(4) A ruling on performing the prostration of forgetfulness (sajdah al-sahw) during JumuꜤah
Q: What do the scholars of Islam say regarding the following matter: it is known that we are instructed to omit the prostration of forgetfulness during JumuꜤah and Eid salah when there is a large number of people. However, what is the ruling if a person performs the prostration of forgetfulness in this case? Will the salah be valid?
بِسْمِ اللّٰہِ الرَّحْمٰنِ الرَّحِیْمِ
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
A: During JumuꜤah and Eid salah, when there is a large gathering of people, the preferred opinion of the later jurists is that the prostration of forgetfulness will not be performed. However, this does not mean that it is impermissible to perform the prostration, rather it means that it is better to not do it. Therefore, if there is a large crowd during JumuꜤah and Eid salah and one performs the prostration of forgetfulness, although it is not the preferred way, it will not affect the salah; it is completely valid.
وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم
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